Interim supervision order made against high-risk reoffender

Date: Oct 03, 2018

Child sexual assault is an extremely sensitive subject, and one that is all too common across Australia. Almost one million women and 337,400 men before the age of 15 have experienced sexual assault, according to the Australian Government.

But why is the rate of sex abuse so high? Self-report studies show that 33 – 75 per cent of child sex offenders were sexually abused themselves, which experts believe is a prominent explanation.

Re-offending was highlighted in a recent case brought before the Supreme Court NSW.

Background of the case

The defendant, who was 57 years of age at the time of the trial, was first convicted in 1975 for unlawfully discharging a firearm. From that time until 2011, the defendant had been incarcerated several times for crimes relating to armed robbery, drug supplying and sexual violence.

Despite his many criminal convictions, two specific matters relating to sexual assault were the focus of this case. The first took place in 1993 when the defendant was found guilty of rape against a 15-year old girl in Port Macquarie. He was sentenced to seven years. 

The second occurred in 2001 when the complainant, a 17-year old girl, was also out in Port Macquarie in the evening. After meeting the defendant briefly at a kebab shop, he later chose to follow her into a public toilet, where he put a knife to her throat and demanded sexual intent from the young girl. However, she was able to bite his hand and call for help. At the trial, the defendant was sentenced to 12 years in prison.

It was revealed that the defendant was victim to countless sexual abuses as a child; from his father, staff members of the Boys' Home and another inmate in prison, which the court believed was an underlying reason for his own acts of sexual assault.

The Application

The above context is the reason why the plaintiff (the State of NSW) decided to seek an extended supervision order for a period of three years, pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW). This would commence from the date of expiry of the defendant's current head sentence (13 September 2018) and would also include an interim supervision order (ISO).

After reviewing the defendant's long-standing history of sex-related crimes and re-offending, the court agreed that the ISO should be made. With that, it was also decided that the defendant must wear an electronic monitoring tag and adhere to all conditions associated with such. He was also ordered to attend examinations by two qualified psychiatrists. 

If you've suffered as a result of sexual assault, don't hide away. You may be entitled to seek damages for your suffering. Here at Gerard Malouf & Partners, we can help you submit a claim for compensation. Get in touch today and speak to a member of our expert team. 

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.